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FARJAND ALI
Lokendra Singh @ Lucky S/o Devendra Singh Rajput – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
Farjand Ali, J.
1. The jurisdiction of this court has been invoked by way of filing an instant applications under Section 439 CrPC at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 402/2022 |
| 2. | Concerned Police Station | Nimbahera Sadar |
| 3. | District | Chittorgarh |
| 4. | Offences alleged in the FIR | Section 8/15 of the NDPS Act |
| 5. | Offences added, if any | Section 8/29 of the NDPS Act |
| 6. | Date of passing of impugned | 15.05.2024 orders |
2. The first and second bail applications of petitioners came to be dismissed as not pressed by this Court vide orders dated 08.12.2023, 24.11.2023 and 15.03.2024 passed in SBCRLMB Nos.9486/2023, 13689/2023, 1362/2024 & 1744/2024. Now, seizing officer has been examined, hence the present third bail application.
3. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and their incarceration is not warranted. He submits that the contraband was recovered on 28.09.2022 and the samples were taken on that same day, however, the samples were sent for FSL on 11
The court established that procedural compliance is crucial in drug-related cases, and significant lapses can warrant bail despite statutory restrictions.
The court ruled that non-compliance with mandatory provisions of the NDPS Act can lead to bail being granted despite statutory restrictions.
The court established that procedural non-compliance in drug seizure cases can justify bail, prioritizing individual liberty over statutory restrictions.
The court emphasized the importance of adhering to procedural requirements in drug seizure cases, ruling that non-compliance can render evidence inadmissible and affect bail decisions.
The court established that procedural compliance under the NDPS Act is crucial, and failure to adhere to such provisions can lead to the grant of bail even in serious cases.
Non-compliance with procedural requirements under the NDPS Act can undermine the prosecution's case and justify the grant of bail.
Procedural compliance under the NDPS Act is crucial; failure to adhere to sampling and inventory requirements can undermine the prosecution's case and justify bail.
Strict adherence to the NDPS Act's provisions regarding search and seizure is essential; failure to comply can lead to the invalidation of evidence and grant of bail.
Procedural compliance in the NDPS Act is crucial for the admissibility of evidence, impacting the court's discretion in granting bail.
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
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